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Arbitration Clauses v. NCLT’s Jurisdiction in Shareholder Disputes: Legal Position in India
Indian courts have consistently held that statutory remedies under company law cannot be overridden by private contracts. While arbitration…
Contractual Bar on Interest and the Award of Interest under Section 31(7) of the Arbitration and Conciliation Act, 1996: A Case Brief of Union of India & Ors. v. Larsen & Toubro Limited
The judgment in Union of India & Ors. V. Larsen & Toubro Limited was delivered by the Hon’ble Supreme Court of India in a civil appeal arising out of…
Supreme Court says sovereign immunity no bar to registration of ICSID awards
Contracting with sovereign states can bring big rewards for investors. It can also be a high risk strategy. Political instability, the threat of…
Enforcement of Foreign Arbitral Awards in the Post-NextEra Era
The DC Circuit in NextEra held that the FSIA’s arbitration exception turns on the existence, not the scope, of an arbitration agreement, making…
William M. “Bill” Parrish, Esq., Joins JAMS in Austin
Austin, Texas - JAMS, the premier provider of alternative dispute resolution (ADR) services, is pleased to announce that William M. “Bill” Parrish…
Supreme Court confirms the scope of state immunity in relation to the registration of ICSID arbitration awards
In a landmark ruling with significant implications for private international investors and foreign States, the UK Supreme Court has ruled that nation…
When is the best time to mediate in construction litigation?
In a case management hearing in a multi-party dispute arising from the Grenfell Tower fire (Kensington v Beko Poland), the court considered whether…
Latest Development in the USD 50 Billion Yukos Saga
On 2 March 2026, Mr Justice Bright of the English Commercial Court dismissed Russia’s objections to enforcement of arbitration awards worth…
Retrospectively speaking: BC Court of Appeal clarifies scope of consumer protection amendments
In 2025, the British Columbia Legislature amended the Business Practices and Consumer Protection Act (BPCPA) to prohibit mandatory arbitration…
DIFC Court: Orders Must Be Obeyed Until Set Aside - USD 75,000 Fine Imposed on Each Contemnor
The DIFC Court of First Instance has held two individuals and a company in contempt of court for breaching an injunction and anti-suit injunction…
Solving Active Founder Litigation: Mediation, Early Neutral Evaluation, and Independent Dispute Counsel
This article discusses three approaches to resolving active founder litigation—mediation, early neutral evaluation, and independent dispute…
India’s Investment Treaty Landscape in 2026
India’s investment treaty and arbitration framework has changed markedly over the past two decades. Following some adverse arbitral awards in the…
Data Analytics: A Secret Weapon in Complex Arbitrations
Data analysis is often the difference between a successful outcome and a missed opportunity in high-value and complex international arbitrations. For…
“Regulatory Unfitness to Trade”: The New Seaworthiness Frontier in Decarbonisation Disputes (Part I - CII)
As the maritime industry enters the era of mandatory decarbonisation, the traditional legal boundaries of seaworthiness are being reshaped. Moving…
Geen bemiddelingsakkoord overeenkomstig artikel 1732 Ger. W. zonder ondertekening door de bemiddelaar
Het Hof van Cassatie oordeelde in een recent arrest van 1 December 2025 dat er geen sprake is van een bemiddelingsakkoord overeenkomstig Artikel 1732…
What’s really holding us back from recommending mediation?
At our recent event, we invited fellow family solicitors, who are not practicing mediators, to speak candidly about what makes them hesitate before…
Federal court denies arbitration in putative class action against crypto platform because of insufficient notice to customers
In a February 26, 2026, decision, Judge Carter of the Southern District of New York denied a motion to compel arbitration filed by cryptocurrency…
Going solo: Can joint venture partners invoke dispute resolution mechanisms unilaterally?
In two recent cases, the Singapore High Court and English High Court (TCC) have considered whether a Joint Venture party can unilaterally invoke the…
The Power of Central Electricity Regulatory Commission to Refer Disputes to Arbitration Under Electricity Act, 2003: GUVNL v Tata Power Ltd & Ors
The Appellate Tribunal for Electricity (APTEL) in Gujarat Urja Vikas Nigam Ltd v Tata Power Ltd & Ors (Judgment), passed a common judgment in a batch…
Arbitration issues in the BVI: 2025 judgments in review
The BVI quickly established itself as a jurisdiction supportive of arbitration and the enforcement of foreign awards through decisions of the…
グローバルビジネスと人権:ESG仲裁の展開 :国際仲裁における新たな潮流
日本では、**UNCITRAL Model Law on International Commercial Arbitration（国際商事仲裁モデル法）**に準拠した仲裁法制が整備され…
Supreme Court dismisses state immunity defence to registration of ICSID arbitration awards
These were conjoined appeals, in which The Kingdom of Spain (Spain) and the Republic of Zimbabwe (Zimbabwe), each the subject of arbitration awards…
English Court of Appeal Confirms Scope of Its Power to Grant Permission to Appeal Certain First Instance Decisions
In an important decision relating to the procedure for appealing first instance decisions under Section 68 (and certain other provisions) of the…
Turmoil but Growth in Third‑Party Arbitration Funding
After more than a decade of…
Supreme Court confirms States cannot rely on immunity to resist registration of ICSID awards in England
The appeals concerned ICSID awards issued in separate investor-State proceedings against Spain and Zimbabwe. In both cases, the award creditors…
SCJN confirma la constitucionalidad de la Ley General de Mecanismos Alternativos de Solución de Controversias
El 10 de febrero de 2026, el Pleno de la Suprema Corte de Justicia de la Nación resolvió el Amparo en Revisión 60/2025, en el que se analizó la…
Whose Law, Whose Forum? Governing Law, Jurisdiction and Dispute Resolution Clauses in Insurance contracts under Kenyan and English Law
Contractual freedom allows parties to a contract to choose and agree on clauses governing their relationship. In typical insurance contracts, an…
UK Supreme Court Confirms No Sovereign Immunity for ICSID Award Enforcement
The United Kingdom Supreme Court has held that Contracting States to the ICSID Convention cannot claim sovereign immunity to resist enforcement of…
AI walks into an arbitration: What could go wrong?
Artificial intelligence is no longer an abstract, futuristic concept in arbitration proceedings. It has already entered the hearing room (albeit, in…
EU sanctions and commercial arbitration: Advocate General’s Opinion in NV Reibel v JSC VO Stankoimport
On 26 February 2026, Advocate General Andrea Biondi delivered his Opinion in NV Reibel v JSC VO Stankoimport (Case C‑802/24) (the “Opinion”)…